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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, MARCH 26, 2012

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Eric Tracy, Engineering Department; Samantha Mott, Planning Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

Chair Gaiter explained that the following item was on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         ALEMAN #2 EXPANSION OF NON-CONFORMING USE, FILE #12-Z1874:   This is a request to convert an existing cabin, built in 1911, into an outbuilding, to be connected to a new cabin via a breezeway. The cabin is located on a non-conforming, 200-acre property with eight other cabins. The property was purchased by a group of individuals from the original Greeley Union Colony in the early 1900s, and divided into 10 shares. The Aleman’s are relatives of some of the participants of this original purchase.

 

There are a total of nine cabins currently on the property, seven of which were built in the first half of the 20th century. The two earliest cabins were built in 1911.

 

The applicants received approval in 2009 to demolish the existing cabin and rebuild a new seasonal cabin in a different location; however, there were irresolvable issues with the proposed location so the property was never demolished.

 

This request to convert an existing cabin to an outbuilding and replace it with a new cabin does not constitute a change in character or use of the property.  Because the use of the existing cabin is changing from a dwelling to an outbuilding prior to use of the new cabin, density on this parcel will not increase. No objections have been received from any surrounding property owners or interested county, state, or federal agencies.  The replacement cabin would not subvert the purpose of the Land Use Code and will have little if no impact on the surrounding area. Therefore, staff finds that the Aleman #2 Expansion of a Nonconforming Use application, file #12-Z1874, has the ability to meet the criteria for approval as noted above.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Aleman #2 Expansion of Non-Conforming Use, file #12-Z1874.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 3:05 p.m.

 

 

TUESDAY, MARCH 27, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Donna Hart, Bob Keister, and Deni LaRue, Commissioners’ Office; Linda Sanders and Matthew Johnson, Engineering Department; Carol Block, Finance Department; Angela Mead, Human Services Department; Deborah Morgan, Public Trustee; Marc Engemoen, Public Works Department; Dale Miller, Road and Bridge Department; Irene Jose, Treasurer’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  Lori and Jeff Shaffer addressed the Board and requested that their business, Drake Campgrounds, be allowed to continue to do business despite being located in a flood zone. Mr. Shaffer also requested a meeting with the Board.

 

Bud Litchfield, resident of Terry Shores Subdivision, addressed the Board to discuss the deterioration of the roadways within the subdivision.

 

Barbara Cogan thanked the Board, in advance, for their willingness to address the problems with County Road 24E.

 

Mel Hilgenberg provided an update on events happening within the community and encouraged the Board to pursue sales tax funding for the jail.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 19, 2012:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of March 19, 2012.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 2, 2012:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners remove the item titled, “Intergovernmental Agreement by and Between the Board of Governors of the Colorado State University System, acting by and through Colorado State University; and the County Commissioners for the County of Larimer and for the Sheriff of Larimer County,” until the next Administrative Matters meeting, April 3, 2012, so that the Board may receive further information from the Sheriff’s Office.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as follows:

 

ABATEMENTS:   As recommended by the County Assessor, the following Petitions for Abatement are approved:  Craig Realty Group (Duff & Phelps) and LJB2 LLC (Larry Bebo).

 

MISCELLANEOUS:   Stipulation as to Tax Year 2011 Actual Value – Canwood Properties LLC; Department of Human Services Payments for February 2012; Recommendation for Appointment: James (Andy) Looney to PID #21, Solar Ridge, to complete the unexpired, 4-year term of Gerald Gates through November 30, 2014; Fleet Customer Advocacy Board Charter.

 

LIQUOR LICENSES:         Zippy’s Liquor – Retail Liquor Store – Fort Collins; Glen Haven General Store – 3.2% – Glen Haven.

 

Motion carried 3-0.

 

5.         MONTH OF THE YOUNG CHILD PROCLAMATION FOR THE MONTH OF APRIL:   Vicky Hays, Early Literacy Librarian, and Allison Larson, Vice President of the Larimer Chapter of the Colorado Association for the Education of Young Children, requested the Board declare April as the Month of the Young Child.

 

Commissioner Donnelly read the proclamation aloud.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim April 2012, the Month of the Young Child.

 

Motion carried 3-0.

 

6.         CHILD ABUSE PREVENTION PROCLAMATION FOR THE MONTH OF APRIL:  Ms. Mead addressed the Board and reviewed some of the activities Human Services has planned for the upcoming month. Ms. Mead then requested that the Board proclaim April as Child Abuse Prevention Month.

 

Commissioner Johnson read the proclamation aloud.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners proclaim April 2012, Child Abuse Prevention Month.

 

Motion carried 3-0.

 

7.         INTERGOVERNMENTAL AGREEMENT FOR ROAD IMPROVEMENTS ON COUNTY ROAD 24E:   Mr. Engemoen and Mr. Miller presented an intergovernmental agreement (IGA) for realignment and improvements to County Road 24E. Mr. Engemoen described the long and detailed process required to complete the three-way deal between the City of Loveland, Coulson Excavating (adjacent property owner), and Larimer County. Mr. Engemoen also complimented Mr. Miller for his hard work finalizing the agreement.

 

Mr. Miller explained that, as described in the IGA, Larimer County is responsible for paying $270,000; the City of Loveland, if approved by the City Council during their next meeting, is responsible for paying $250,000; and Coulson Excavating is responsible for paying $200,000.

 

The Board thanked everyone for their work on the agreement.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Intergovernmental Agreement for Road Improvements on County Road 24E.

 

Motion carried 3-0.

 

8.         UPDATE TO INTERNAL POLICY 320.16C REGARDING, “USING SURPLUS AND DEFICIENCY FUNDS” TO FINANCE ASSESSMENT DISTRICTS:   Ms. Block, Mr. Engemoen, and Ms. Sanders addressed the Board to request approval to utilize Surplus and Deficiency Funds to make small loans to assessment districts. Ms. Block noted that the fund currently contains $690,000 of surplus monies accumulated over time from closed improvement districts. The proposed loans would be $250,000 or less and at least one-third of the improvement costs must be funded by the districts.

 

Some discussion ensued regarding the origination of the $690,000 balance.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the proposed update to Internal Policy 320.16C, regarding, “Using Surplus and Deficiency Funds” to finance assessment Districts.

 

Motion carried 3-0.

 

9.         CONSIDERATION OF A BILL THAT COMBINES THE PUBLIC TRUSTEE’S OFFICE WITH THE COUNTY TREASURER:   Mr. Gluckman, Ms. Morgan, and Ms. Josey briefly reviewed House Bill 1329, a bill proposing the combination of the Public Trustee’s Office with the County Treasurer. Mr. Gluckman explained that the county’s participation in the bill is optional and requested a recommendation from the Board regarding their desire to be included in the bill.

 

Ms. Morgan and Ms. Josey both expressed their wish for the departments’ to remain separate.

 

Chair Gaiter noted, for the record, that his wife is currently employed with the Public Trustee’s Office and he had worked as a contract employee for the office before he was elected to the Board of County Commissioners.

 

After much discussion between the Board, Ms. Morgan, and Ms. Josey, regarding the potential for political pressure and how to best serve the citizens of Larimer County, the Board recommended the Public Trustee of Larimer County and the Larimer County Treasurer remain separate offices.

 

10.       ASSISTANT COUNTY MANAGER WORKSESSION :  Mr. Gluckman provided a brief update on proposed legislation, which could impact the county.

 

11.       COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week.

 

12.       LEGAL MATTERS:  There were no legal matters to discuss.

 

There being no further business, the Board adjourned at 10:45 a.m.

 

 

THURSDAY, MARCH 29, 2012

 

ABATEMENT HEARINGS

 

The Board of County Commissioners met at 1:00 p.m. for Abatement Hearings. Chair Pro Tem Johnson presided and Commissioner Gaiter was present (Chair Gaiter joined the Board between items). Also present were: Darren Dahlgren and Greg Daniels, Assessor’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PETITION FOR ABATEMENT, MRKT LLC, PARCEL NUMBER 35224-31-001:   Mr. Daniels explained the process he used, including comparable properties with an average of the cost approach, market approach, and income approach, to arrive at the Assessor’s reconciled value of $2,300,000. Mr. Daniels noted that the subject property was purchased and re-listed for sale during the statutory timeframe for $2,800,000.

 

Dan George, representative for MRKT LLC, addressed the Board and stated that while the petitioner purchased the property during the statutory timeframe for $2,800,000, he paid significantly more than the property was worth due to sentimental value. After realizing that he paid too much, the petitioner tried to recover his money by listing the property for the same amount. Mr. George stated that according to the comparable properties he utilized, he believed the subject property should have been valued at $1,693,000.

 

After much discussion, the Board decided that the sale of the property during the statutory timeframe was a good indication of the property’s value; therefore, they agreed with the Assessor’s valuation of $2,300,000.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners uphold the Assessor’s value of $2,300,000, for parcel 35224-31-001, for the 2011 tax year.

 

Motion carried 2-0.

 

Chair Gaiter joined the meeting at this time.

 

2.         PETITION FOR ABATEMENT, JOHN BORREGO, PARCEL NUMBER 97282-13-004:   Mr. Dahlgren described the comparables he utilized, all located within the subject subdivision, and the market approach he used to arrive at the Assessor’s valuation of $338,500.

 

The applicant, Mr. Borrego, addressed the Board and stated that while all of the comparables utilized by Mr. Dahlgren were within the subject subdivision, none of the properties were adjacent to Drake Road, like the subject property. Mr. Borrego presented the Board with sales data, which illustrated lower sales prices for other properties adjacent to Drake Road.

 

After reviewing the sales data presented by Mr. Borrego, the Board concluded that properties within the subject subdivision that abut Drake Road sold for nearly 20% less than those properties that did not abut Drake Road.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the petitioner’s request for the abatement of 2011 taxes and lower the value to $305,500 for parcel 97282-13-004.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 2:15 p.m.

 

 

 

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

______________________________________

Melissa E. Lohry, Deputy Clerk